Velocity Investments, LLC Motion for Summary Judgment

[Ihatelawsuits]

I have been sued by Velocity Investments LLC.  I have responded with an Answer but now have to respond to the "Motion for Summary Judgement."  It looks like they put it together with a poorly written template.  On page 3 they mention how Defendant received the automobile, Defendant defaulted under the terms of the credit Agreement.  For one, this was a loan there was never a car involved.  I have attached a redacted copy of the MSJ, I am having a little trouble deciding how to respond.  I am thankful for any suggestions I can get.

 

Motion for Summary Judgment_Redacted.pdf

[BackFromTheDebt]

Is the rest of it (a) accurate and (b) what they claimed in the complaint?

Judges will usually excuse a certain number of errors which are not relevant to a case. 

[Ihatelawsuits]

Yes

[Robby8900]

18 minutes ago, Ihatelawsuits said:

 

I have been sued by Velocity Investments LLC.  I have responded with an Answer but now have to respond to the "Motion for Summary Judgement."  It looks like they put it together with a poorly written template.  On page 3 they mention how Defendant received the automobile, Defendant defaulted under the terms of the credit Agreement.  For one, this was a loan there was never a car involved.  I have attached a redacted copy of the MSJ, I am having a little trouble deciding how to respond.  I am thankful for any suggestions I can get.

Motion for Summary Judgment_Redacted.pdf 594.55 kB · 0 downloads

My mom dealt with this same Cleveland attorney in a case east of Cleveland. Same boiler plate SJ.  i, believe, there is an arbitration clause in webbank agreements. Do you have a copy of the loan agreement.

[Ihatelawsuits]

3 minutes ago, Robby8900 said:

My mom dealt with this same Cleveland attorney in a case east of Cleveland. Same boiler plate SJ.  i, believe, there is an arbitration clause in webbank agreements. Do you have a copy of the loan agreement.

That was something that needed to be done sooner.  I have to respond by Tuesday of next week.  At this point I just want to stop the MSJ from being granted.

[Robby8900]

1 hour ago, Ihatelawsuits said:

That was something that needed to be done sooner.  I have to respond by Tuesday of next week.  At this point I just want to stop the MSJ from being granted.

If there is an arbitration clause in the contract it would be logical to bring it up. A material issue of fact is that the court lacks subject matter jurisdiction to render judgment on the merits that are referable to arbitration.

[Ihatelawsuits]

Should I include the fact that they mention I received the automobile under the terms of the credit agreement when there was never an automobile involved in this?  I know I'm reaching for straws.

[Robby8900]

36 minutes ago, Ihatelawsuits said:

Should I include the fact that they mention I received the automobile under the terms of the credit agreement when there was never an automobile involved in this?  I know I'm reaching for straws.

i, believe, some already addressed that for you. However, my suggestion might be a motion to dismiss for lack of subject matter jurisdiction to render judgment on the merits of plaintiff's claims referable to arbitration may bye you some time. Henry Schein, Inc. v. Archer & White Sales Inc. 586 U. S.         (2019) which states: '' … A court has “‘no business weighing the merits of the grievance’” because the “‘agreement is to submit all grievances to arbitration, not merely those which the court will deem meritorious.’” Id., at 650 (quoting Steelworkers v. American Mfg. Co., 363 U. S. 564, 568 (1960)).''  Additionally,  Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5thCir. 1992) which states: '' Because it determined that all of Alford's claims were subject to arbitration,the district court acted within its discretion when it dismissed this case with prejudice''.

[Ihatelawsuits]

9 minutes ago, Robby8900 said:

i, believe, some already addressed that for you. However, my suggestion might be a motion to dismiss for lack of subject matter jurisdiction to render judgment on the merits of plaintiff's claims referable to arbitration may bye you some time. Henry Schein, Inc. v. Archer & White Sales Inc. 586 U. S.         (2019) which states: '' … A court has “‘no business weighing the merits of the grievance’” because the “‘agreement is to submit all grievances to arbitration, not merely those which the court will deem meritorious.’” Id., at 650 (quoting Steelworkers v. American Mfg. Co., 363 U. S. 564, 568 (1960)).''  Additionally,  Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5thCir. 1992) which states: '' Because it determined that all of Alford's claims were subject to arbitration,the district court acted within its discretion when it dismissed this case with prejudice''.

I think I missed my window to request arbitration.  Court sent out notice "Parties are granted leave to file dispositve motions on or before 8/30/19."  Plaintiff sent the MSJ and I need to respond by Tuesday.  I should have asked for arbitration before.

[Ihatelawsuits]

This is what I have so far.  Not looking promising.

Answer to Summary Judgment_Redacted.pdf

[BV80]

25 minutes ago, Robby8900 said:

However, my suggestion might be a motion to dismiss for lack of subject matter jurisdiction to render judgment on the merits of plaintiff's claims referable to arbitration may bye you some time.

The OP is in Cuyahoga County.   

Rivera v. RENT A CENTER, INC, Court of Appeals, 8th Distrct, Cuyahoga County, 2015

“Thus, if a dispute even arguably falls within the parties' arbitration provision, the trial court must stay the proceedings until arbitration has been completed.”

[Robby8900]

2 hours ago, Ihatelawsuits said:

I think I missed my window to request arbitration.  Court sent out notice "Parties are granted leave to file dispositve motions on or before 8/30/19."  Plaintiff sent the MSJ and I need to respond by Tuesday.  I should have asked for arbitration before.

You can still motion to compel, and dismiss, or in the alternative to stay.

 

[Ihatelawsuits]

I responded to Summary Judgment and did not hear anything for over a month.  Was definitely wondering why there wasn't a ruling on the MSJ by the court.  My Trial was supposed to be next Tuesday but the opposing party filed a "Voluntary Dismissal" so it has been dismissed without prejudice.  Would have preferred with prejudice but just glad I don't have to go to court on Tuesday.